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The Oregon Administrative Rules contain OARs filed through August 15, 2016
 
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DEPARTMENT OF STATE POLICE

 

DIVISION 70

SEX OFFENDER REGISTRATION

257-070-0005

Statement of Purpose

The purpose of these rules is to implement and interpret ORS 181.585 to 181.608. The Oregon State Police is authorized to adopt rules interpreting and implementing the described statutes. These rules establish standards and procedures for victim and public access to sex offender information and for designation of unsupervised adult and juvenile offenders as predatory sex offenders.

Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05

257-070-0015

Definitions

As used in these rules:

(1) “Another United States court” means a federal court; military court; tribal court of a federally recognized Indian tribe; court in a state other than Oregon; or a court of the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands.

(2) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(3) “Predatory sex offender” means an adult person who has been determined to be predatory prior to January 1, 2014 under former ORS 181.585 to 181.589.

(4) “Registerable sex offender” means an adult person who is required to report and be registered as a sex offender under ORS 181.806, 181.807, or 181.809 either before, on, or after January 1, 2014.

(5) “Registering agency” and “registering agencies” means a local police department, county sheriff’s office, or a regional Oregon State Police office.

(6) “Sex offender” means a person convicted, adjudicated or found guilty of a crime:

(a) That would constitute a sex crime if convicted in this state; or

(b) Which the person would have to register as a sex offender in another United States court’s jurisdiction, or as required under federal law; regardless of whether the crime would constitute a sex crime in this state.

(7) “Sex offender web site” means an internet web site established for criminal justice agencies and maintained by the Department that contains information about registered sex offenders.

(8) “Sex offender registration form” means information regarding sex offenders that is formatted, inscribed, stored and retrievable on a Department approved medium.

(9) “Victim” means a person, or the legal guardian of a person, who is:

(a) The victim of a sex crime listed in ORS 181.805 the commission of which resulted in a conviction, a finding of guilty except for insanity, or a finding that a youth was within the jurisdiction of the juvenile court for an act which, if committed by an adult, would constitute a sex crime; or

(b) Any person who is named in a criminal complaint as a victim of a sex crime listed in ORS 181.805 who in the course of any judicial proceeding is acknowledged by the defendant to be the victim of a sex crime listed in ORS 181.805.

Stat. Auth.: ORS 181.814
Stats. Implemented: ORS 181.800 - 181.845
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 3-1994, f. & cert. ef. 8-1-94; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05; OSP 1-2016, f. & cert. ef. 3-7-16

257-070-0025

Victim Access to Registered Sex Offender Information

(1) A victim shall be issued a victim identification number and shall be given the registry identification number of the registered sex offender who committed the crime against the victim:

(a) At any time, upon request by the victim; and

(b) Upon verification of the identification of the victim.

(2) The Department of State Police has established a toll-free telephone number, 1-800-551-2934, to provide victims with updates on the prison status, release information, parole status and any information concerning the registered sex offender who committed the crime against the victim that is authorized for release under ORS 181.585 to 181.601. The telephone line will be operational 8 a.m. to 5 p.m. Monday through Friday.

Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 3-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; OSP 6-1991, f. & cert. ef. 11-21-91; OSP 2-1999(Temp), f. & cert. ef. 9-13-99 thru 3-10-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05

257-070-0040

Designation of Persons as Predatory Sex Offenders; Notice and Opportunity to Be Heard Regarding Designation as Predatory Sex Offender

(1) Under ORS 181.585 to 181.589, the Department of State Police is authorized to designate as predatory sex offenders:

(a) Persons who exhibit characteristics showing a tendency to victimize or injure others and who have been convicted of a sex crime listed in ORS 181.594(2)(a) to (d), convicted of attempting to commit one of those crimes, or found guilty except for insanity of one of those crimes, and who are not under the supervision of the Oregon Department of Corrections or a community corrections agency; and

(b) Persons who are required to report under ORS 181.595, 181.596, or 181.597 after having been found to be within the jurisdiction of the juvenile court for having committed acts that if committed by an adult would constitute sex crimes and who the Department of State Police has designated as predatory after consultation with the person's last primary supervising agency, and who are not under the supervision of the juvenile court.

(2) The Department of State Police will designate persons as predatory sex offenders as provided in ORS 181.585 to 181.589 and this rule.

(3) The Department of State Police will designate a person as a predatory sex offender if the person exhibits characteristics showing a tendency to victimize or injure others and meets the criteria for designation as a predatory sex offender established in the risk assessment scale approved by the Oregon Department of Corrections.

(4) Prior to designating a person as a predatory sex offender, the Department will notify the person in writing of the proposed designation, the basis for the designation and the method for submitting written objections to the proposed designation. The notice will include a copy of the risk assessment scale approved by the Oregon Department of Corrections as scored for that person. The notice of proposed designation will be sent to the person by registered or certified mail.

(5) A person who has received notice under subsection (4) of this rule may submit written objections to the proposed designation. The person must complete and sign the "Objections to Predatory Sex Offender Designation" form provided for that purpose.

(6) In addition to the person's signed "Objections to Predatory Sex Offender Designation" form, a person who has received notice under subsection (4) of this rule may submit other relevant written materials in support of the person's objection to the designation. For the purpose of this rule, "relevant written materials" means documentary evidence that will assist the Department of State Police in determining as a factual matter whether the person meets one or more of the sex offender risk assessment scale criteria upon which the Department of State Police proposes to rely in designating the person as a predatory sex offender. For the purpose of this rule, relevant written materials includes:

(a) A court order reversing, vacating or setting aside a judgment of conviction for a crime;

(b) A court order reversing, vacating or expunging a finding that the person was within the jurisdiction of the juvenile court for committing an act that if committed by an adult would constitute a crime;

(c) An order of pardon for a crime; or

(d) Police reports, pre-sentence investigation reports, court records and transcripts, or other documentary evidence relating to the circumstances of the person's crime or crimes.

(7) The person's signed "Objections to Predatory Sex Offender Designation" form and other relevant written materials, if any, must be received by the Department of State Police within 35 days of the date of the Department of State Police notice of proposed designation provided under subsection (4) of this rule.

(8) The Department of State Police will consider materials submitted under subsections (5) and (6) of this rule prior to making its final determination of whether the person meets the criteria for designation as a predatory sex offender, if the Department of State Police receives these materials within the time limit set forth in subsection (7) of this rule.

(9) If, after considering materials submitted under subsections (5) and (6) of this rule, the Department of State Police determines that the person meets the criteria for designation as a predatory sex offender, the Department of State Police will designate the person as a predatory sex offender and will inform the person in writing by registered or certified mail of the designation. The designation is effective as of the date of the letter informing the person of the designation.

(10) If, after considering materials submitted under subsections (5) and (6) of this rule, the Department of State Police determines that the person does not meet the criteria for designation as a predatory sex offender, the Department of State Police will inform the person in writing by registered or certified mail, that the Department of State Police is not designating the person as a predatory sex offender at that time.

(11) A person from whom the Department of State Police does not receive any materials under subsections (5) and (6) of this rule within 35 days of the date of the notice of proposed designation provided under subsection (4) of this rule will be deemed not to object to designation as a predatory sex offender, unless the cause for the failure to submit materials was beyond the reasonable control of the person, as determined by the Department of State Police. The designation is effective as of the thirty-sixth day after the date of the notice of proposed designation provided under subsection (4) of this section.

(12) The Department of State Police may designate a person as a predatory sex offender if the person meets the Department of Corrections sex offender risk assessment scale criteria for designation as a predatory sex offender, regardless of whether the Department of State Police or any other agency determined at any previous time that the person was not a predatory sex offender.

(13) Prior to petitioning for judicial review of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule, the person shall file with the Department of State Police a petition for reconsideration of the designation. The petition for reconsideration must be received by the Department of State Police within 60 calendar days of the date of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule and must also comply with other requirements of OAR 137-004-0080. The Department of State Police will inform the person in writing of its decision on reconsideration. The Department's decision on reconsideration will be sent by registered or certified mail and is effective as of the date of the decision on reconsideration.

(14) Notwithstanding subsection (13) of this rule, within 60 calendar days of the date of the Department's designation of the person as a predatory sex offender under subsection (9) of this rule, the Department of State Police may reconsider the designation on its own initiative as provided in OAR 137-004-0080. Following reconsideration of a designation on the Department's own initiative, the Department will inform the person in writing of its decision on reconsideration. The decision on reconsideration will be sent by registered or certified mail and is effective as of the date of the decision on reconsideration.

(15) In its discretion, the Department of State Police may conduct community notification or notify the public concerning a person designated as a predatory sex offender in any manner authorized by law.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 183.335, 181 & 192.430
Stats. Implemented: ORS 181.585 - 181.608
Hist.: OSP 4-1999(Temp), f. & cert. ef. 10-29-99 thru 4-25-00; OSP 3-2000, f. & cert. ef. 7-11-00; OSP 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; Administrative correction, 2-17-05; OSP 2-2005, f. 7-15-05, cert. ef. 8-21-05

257-070-0100

Registration Process for Registering Agencies

(1) The Department will provide a secure internet website to enable registering agencies to register sex offenders. Except as authorized under subsection (5) of this administrative rule, registering agencies shall use the Department’s secure internet website to complete and forward to the Department an electronic sex offender registration form for each registerable sex offender. For purposes of this administrative rule, an electronic sex offender registration form is forwarded to the Department when the registering agency:

(a) Fully completes the sex offender registration form using the Department’s secure internet website; and

(b) Submits the sex offender registration form to the Department by pressing the designated submission button.

(2) Registering agencies shall complete a separate sex offender registration form for each type of sex offender registration event required by law, which includes but is not limited to, initial registrations, annual registrations, changes of address, changes in employment, or changes in higher education facilities.

(3) Registering agencies shall submit separate electronic sex offender registration forms when simultaneous sex offender registration events occur (for example, if a registerable sex offender changes residence at the same time the registerable sex offender is also required to complete an annual sex offender registration form, the registering agency shall complete two separate electronic sex offender registration forms: one for the change of residence registration event and one for the annual registration event).

(4) When registering sex offenders, a registering agency’s representative shall:

(a) Log in to the Department’s secure internet website to complete and forward the sex offender registration form;

(b) Follow the instructions posted on the Department’s secure internet website;

(c) Require registerable sex offenders to:

(A) Electronically complete the entire sex offender registration form;

(B) Electronically initial the sex offender registration form where required; and

(C) Provide an electronic signature.

(d) Ensure that the sex offender registration form is complete and accurate; and

(e) Upload the sex offender registration form and photograph(s) of the registerable sex offender, along with any required fingerprints, to the Department’s secure website; and

(f) Electronically forward the sex offender registration form, photographs, and required fingerprints to the Department.

(5) Registering agencies shall electronically forward sex offender registration forms and related information to the Department unless a technical problem prevents access to the Department’s secure internet website or the electronic transmission of the sex offender registration form and related materials to the Department. Registering agencies may only use a paper sex offender registration form if a technical problem exists that prevents a registering agency from electronically submitting a sex offender registration form and related materials to the Department. If a registering agency uses a paper sex offender registration form, the registering agency shall send a Law Enforcement Data System (LEDS) Administrative Message without delay, and shall submit the paper form to the Department within three (3) business days by regular mail. If an agency is unable to submit an Administrative Message via LEDS, the agency shall notify the Department by email. A paper sex offender registration form is submitted to the Department when the registering agency deposits the paper sex offender registration form, properly addressed and prepaid, into the U.S. Postal Service.

(6) In addition to electronically completing and submitting a sex offender registration form for each registerable sex offender registered, a registering agency during registration shall:

(a) Photograph the registerable sex offender. Registering agencies also may photograph any identifying scars, marks or tattoos physically present on the registerable sex offender, and include those photographs with the materials submitted to OSP SOR; and

(b) Fingerprint the registerable sex offender, unless the registerable sex offender’s fingerprints already exist in the Department’s record file. Registering agencies shall check LEDS for the registerable sex offender’s record. If the registerable sex offender has not been fingerprinted, the registering agency shall fingerprint the registerable sex offender and send the fingerprints to the Department’s Criminal Justice Information Services (CJIS) division within three (3) business days in a CJIS approved manner.

Stat. Auth.: ORS 181.810
Stats. Implemented: ORS 181.810
Hist.: OSP 1-2016, f. & cert. ef. 3-7-16

257-070-0110

Registration Requirements for Registerable Sex Offenders

(1) Registerable sex offenders shall only register with a registering agency in their county of residence.

(2) Registerable sex offenders shall submit to registration as directed by the registering agency and as required by law.

(3) When registering with a registering agency, each registerable sex offender shall:

(a) Provide all information necessary to complete the sex offender registration form;

(b) Sign the form by electronic signature or as directed by the registering agency; and

(c) Submit to being photographed and, if required, fingerprinted.

Stat. Auth.: ORS 181.805 - 181.810
Stats. Implemented: ORS 181.805 - 181.810
Hist.: OSP 1-2016, f. & cert. ef. 3-7-16

257-070-0120

Recordkeeping

(1) Once a sex offender registration form is received by the Department, the Department will:

(a) Update the Department’s sex offender registry records; and

(b) Retain an electronic copy of the sex offender registration form.

(2) The Department will not retain paper copies of sex offender registration forms.

Stat. Auth.: ORS 181.810, 192.001 - 192.190
Stats. Implemented: ORS 181.810, 192.001 - 192.190
Hist.: OSP 1-2016, f. & cert. ef. 3-7-16

257-070-0130

Internet Notification of Predatory Sex Offenders

The Department shall utilize the sex offender web site to make information available to the public regarding all predatory sex offenders unless or until:

(1) The designating agency notifies the Department that the predatory designation for the sex offender is incorrect;

(2) The predatory sex offender is assessed and classified by the Board of Parole and Post-Prison Supervision as either a level one or level two sex offender; or

(3) December 1, 2018.

Stat. Auth.: OL 2013, Ch. 708 §7 (HB 2549), OL 2015, ch. 820 §27 (HB 2320)
Stats. Implemented: OL 2013, Ch. 708 §7 (HB 2549), OL 2015, Ch. 820 §27 (HB 2320)
Hist.: OSP 1-2016, f. & cert. ef. 3-7-16

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use